BARGONextGen Bar Prep
Exam guideStatesCurriculumBooksPricingBlogFree study planFAQ
Home/Practice/Products Liability
Question of the week

Products Liability

Torts · NextGen Bar Exam single best answer

A bottling company fills several million glass soda bottles at its plant each week. Its bottle design is sound and its process is well run, so virtually every bottle is fine. One bottle, however, leaves the plant carrying a hairline crack caused by a stray flaw in the glass. A customer buys that bottle at a market, and when he takes an ordinary sip the bottle suddenly fractures in his hand and a shard cuts his lip. He sues the bottling company in strict products liability.

Which type of defect best describes the flaw the customer should assert?

  1. AOption A. Incorrect answer. A design defect, because glass bottles are inherently dangerous to consumers.
  2. BOption B. Correct answer. A manufacturing defect, because this bottle departed from the maker's intended design.Correct
  3. COption C. Incorrect answer. A failure-to-warn defect, because the bottler gave no warning about cracks.
  4. DOption D. Incorrect answer. No defect, because nearly every other bottle left the plant in perfect condition.

Why

A manufacturing defect exists when a single unit departs from its own intended design or from the other identical units on the line — one bad product among thousands of good ones. The cracked bottle deviated from the maker's specifications, so it carries a manufacturing defect and supports strict liability even though the design and process were sound (B). A design defect (A) would condemn the entire product line as unreasonably dangerous, but the design here was fine — only this unit was flawed. A failure-to-warn claim (C) misfits: a hidden crack is a production flaw, not a known danger a warning could cure. D inverts the rule — the fact that the other bottles were perfect is exactly what proves this one deviated; strict liability turns on this unit, not the batch average.

Practice 5 questions like this, free, every day

A free account gives you 5 questions a day from the full bank, with the same worked explanations.

Start free

No card needed. Already have an account? Practice Products Liability · See plans

Enjoying this? Unlock every topic, practice exams & flashcards.

View Pricing
BARGONextGen Bar Prep

Affordable NextGen bar exam preparation — practice questions, question sets, performance tasks, and in-depth study notes built around how the exam actually works.

Product

  • Features
  • How it works
  • Curriculum
  • Books
  • Pricing
  • iOS app

Resources

  • NextGen exam guide
  • States & passing scores
  • Free study plan
  • Free diagnostic quiz
  • Blog
  • FAQ
  • About
  • Contact

Legal

  • Privacy
  • Terms
  • Refund
  • Cookies
  • AI Policy
  • Support

BARGO is an independent study platform. It is not affiliated with or endorsed by NCBE. NCBE®, NextGen UBE®, MBE®, and UBE® are trademarks of the National Conference of Bar Examiners. All questions, flashcards, and notes are original works based on NCBE’s published Content Scope Outline — they are not real exam questions. Content is provided for educational purposes only, does not constitute legal advice, and no exam result is guaranteed.

© 2026 BARGO · Sitemap